Contract For The Sale Risk Of The Subject Matter

In modern society, merchandise is exchanged in various ways. The way "once money, take it" has been an everyday dealing with some money. Performance of both parties' obligations in contract is of separation in more and more dealings. This fact that actual delivery of the subject matter is separated from abstract ownership transference about the subject matter, makes people realize the risk of the subject matter in contract: which may be damaged or lost. No matter who is to bear this risk will influence any party's benefit. There have been full of troubles and dispute between both parties in business for a long time. It's valuable for us to study how to assign this risk of the subject matter between two parties. This article consists of four parts to review and research into such risks completely, in order to make clear these basic problems of risk:The first part is to define risk of the subject matter in selling contract, which is different from risk of performance of contract and that of price for goods. It's of uncertainty, accidence, and loss. Meanwhile, breach of contract and risk of the subject matter are just two systems in selling contract.Second one is to analyze the importance of passing time about the risk of the subject matter. Pointing out that it is of vital importance for both parties to clear who is to burden such risk at some specific time. Generally speaking, there are three systems of such legislation. Comparatively, the standard Delivery Manner is more acceptable and reasonable than Ownership Manner and Institution Manner.Third one is to analyze definition of the risk burden. It is the specific result about the risk of the subject matter, including two aspects: who will burden the damage to or loss for the subject matter; and both parties will perform the contract or notThe last is to study rules about risk in Contract Law in our country. We find that our country accepts the manner Delivery as a general rule is reasonable and advanced. Meanwhile there is some shortage, which can't...